N.Y. Environmental Conservation Law § 27-2705
Recycling program requirements
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2016
As of January 1, 2015
§ 27-2705. Recycling program requirements.\n An at-store recycling program provided by the operator of a store\nshall require:\n 1. a plastic carryout bag provided by the store to have printed or\ndisplayed on the bag, in a manner visible to a consumer, the words\n"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,\nhowever, such store shall be allowed for one year from the effective\ndate of this subdivision to use its existing stock of plastic carryout\nbags. A store may also apply to the commissioner for approval of an\nalternative plastic bag recycling message. The commissioner shall\napprove or reject the proposed message within forty-five days;\n ** 2. a plastic carryout bag collection bin that is visible, easily\naccessible to the consumer, and clearly marked that the collection bin\nis available for the purpose of collecting and recycling plastic\ncarryout bags. This subdivision shall apply to stores not within an\nenclosed shopping mall and stores of at least fifty thousand square feet\nwithin an enclosed shopping mall. In the case of an enclosed shopping\nmall, the owner of the enclosed mall shall place bins at reasonable\nintervals throughout the enclosed mall area;\n ** NB Effective until March 1, 2015\n ** 2. a collection bin that is visible, easily accessible to the\nconsumer, and clearly marked that the collection bin is available for\nthe purpose of collecting and recycling plastic carryout bags and film\nplastic. This subdivision shall apply to stores not within an enclosed\nshopping mall and stores of at least fifty thousand square feet within\nan enclosed shopping mall. In the case of an enclosed shopping mall, the\nowner of the enclosed mall shall place bins at reasonable intervals\nthroughout the enclosed mall area;\n ** NB Effective March 1, 2015\n ** 3. all plastic carryout bags collected by the store to be\ncollected, transported and recycled along with any other in-store\nplastic recycling, except for plastic bags that are not sufficiently\nfree of foreign material to enter the recycling stream. Plastic carryout\nbags collected by the store or the manufacturer, which are free of\nforeign material, shall not be disposed of in any solid waste disposal\nfacility permitted or authorized pursuant to title seven of this\narticle;\n ** NB Effective until March 1, 2015\n ** 3. all plastic carryout bags and film plastic collected by the\nstore to be collected, transported and recycled along with any other\nin-store plastic recycling, except for plastic bags that are not\nsufficiently free of foreign material to enter the recycling stream.\nPlastic carryout bags and film plastic collected by the store or the\nmanufacturer, which are free of foreign material, shall not be disposed\nof in any solid waste disposal facility permitted or authorized pursuant\nto title seven of this article;\n ** NB Effective March 1, 2015\n ** 4. the store or its agent to maintain, for a minimum of three\nyears, records describing the collection, transport and recycling of\nplastic carryout bags collected by weight, provided however that stores\nor its agents may weigh such bags and any other in-store plastic\nrecycling at a regional collection center. Such records shall be made\navailable to the department upon request, to demonstrate compliance with\nthis title; and\n ** NB Effective until March 1, 2015\n ** 4. the store or its agent to maintain, for a minimum of three\nyears, records describing the collection, transport and recycling of\nplastic carryout bags and film plastic collected by weight, provided\nhowever that stores or its agents may weigh such bags, film plastic and\nany other in-store plastic recycling at a regional collection center.\nSuch records shall be made available to the department upon request, to\ndemonstrate compliance with this title; and\n ** NB Effective March 1, 2015\n 5. the operator of the store to (a) make reusable bags available to\ncustomers within the store for purchase, and (b) permit a reuseable bag\nto be used in lieu of a plastic carryout bag or paper bag.\n
§ 27-2705. Recycling program requirements.\n An at-store recycling program provided by the operator of a store\nshall require:\n 1. a plastic carryout bag provided by the store to have printed or\ndisplayed on the bag, in a manner visible to a consumer, the words\n"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,\nhowever, such store shall be allowed for one year from the effective\ndate of this subdivision to use its existing stock of plastic carryout\nbags. A store may also apply to the commissioner for approval of an\nalternative plastic bag recycling message. The commissioner shall\napprove or reject the proposed message within forty-five days;\n 2. a collection bin that is visible, easily accessible to the\nconsumer, and clearly marked that the collection bin is available for\nthe purpose of collecting and recycling plastic carryout bags and film\nplastic. This subdivision shall apply to stores not within an enclosed\nshopping mall and stores of at least fifty thousand square feet within\nan enclosed shopping mall. In the case of an enclosed shopping mall, the\nowner of the enclosed mall shall place bins at reasonable intervals\nthroughout the enclosed mall area;\n 3. all plastic carryout bags and film plastic collected by the store\nto be collected, transported and recycled along with any other in-store\nplastic recycling, except for plastic bags that are not sufficiently\nfree of foreign material to enter the recycling stream. Plastic carryout\nbags and film plastic collected by the store or the manufacturer, which\nare free of foreign material, shall not be disposed of in any solid\nwaste disposal facility permitted or authorized pursuant to title seven\nof this article;\n 4. the store or its agent to maintain, for a minimum of three years,\nrecords describing the collection, transport and recycling of plastic\ncarryout bags and film plastic collected by weight, provided however\nthat stores or its agents may weigh such bags, film plastic and any\nother in-store plastic recycling at a regional collection center. Such\nrecords shall be made available to the department upon request, to\ndemonstrate compliance with this title; and\n 5. the operator of the store to (a) make reusable bags available to\ncustomers within the store for purchase, and (b) permit a reuseable bag\nto be used in lieu of a plastic carryout bag or paper bag.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.